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AGENDA STAFF REPORT •
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DATE: June 25, 2012
TO: Honorable Mayor and City Council
THRU: Jill R. Ingram, City Manager
FROM: Sean P. Crumby, Assistant City Manager/Public Works
SUBJECT: AGREEMENT FOR AN INTERIM MANAGER AND
CONSULTANT FOR THE SEAL BEACH TENNIS
CENTER
SUMMARY OF REQUEST:
That the City Council adopt Resolution No. 6266 approving an agreement with
Kevin J. McArdle Consulting for Interim Management and Consulting Services for
the Seal Beach Tennis Center at a flat rate of$5,770 per month.
BACKGROUND AND ANALYSIS:
The current manager of the Seal Beach Tennis Center has exercised the
termination clause of the management services agreement with the City of Seal
Beach and will be leaving the facility as of June 30, 2012. In the interim, the
agreement with Kevin J. McArdle Consulting will provide management services
of the facility to ensure that the facility can continue to offer the same high quality
of services for users.
With more than 30 years of experience in the field of recreation and community
services, Mr. McArdle offers the City a unique opportunity to provide a critical and
creative analysis of the Seal Beach Tennis Center. Included in the agreement,
Mr. McArdle will assist the City with development of a professional and
comprehensive review of the facility and operations with recommendations for
future use, a staff development program, communications and marketing
strategies, fund development strategies, and a tennis center strategic plan.
ENVIRONMENTAL IMPACT:
There is no Environmental Impact related to this item.
Agenda Item F
LEGAL ANALYSIS:
The City Attorney has reviewed and approved as to form.
FINANCIAL IMPACT:
Based on the terms of the agreement, the City will pay Kevin J. McArdle
Consulting a flat rate of$5,770 each month.
The source of all payments to Kevin J. McArdle Consulting will be charged to
Account 001-074-44000.
RECOMMENDATION:
That the City Council adopt Resolution No. 6266 approving an agreement with
Kevin J. McArdle Consulting for Interim Management and Consulting Services for
the Seal Beach Tennis Center.
SUBMI ED BY: NOTED AND APPROVED:
/ _e.„4/
Sean P. Crumby / 4 J' R. Ingram, Civ anager
Assistant City Manager/Public Works
Prepared by: Tim Kelsey, Community Services Supervisor
Attachments:
A. Resolution No. 6266
B. Professional Services Agreement with Kevin J. McArdle Consulting
Page 2
RESOLUTION NUMBER 6266
A RESOLUTION OF THE SEAL BEACH CITY COUNCIL
APPROVING AN AGREEMENT WITH KEVIN J. McARDLE
CONSULTING
THE SEAL BEACH CITY COUNCIL DOES HEREBY RESOLVE:
Section 1. The City Council hereby approves the agreement between the City
of Seal Beach and Kevin J. McArdle Consulting for Interim Management and
Consulting Services for the Seal Beach Tennis Center at a flat rate of$5,770 per
month.
Section 2. The Council hereby authorizes the City Manager to execute the
Agreement.
PASSED, APPROVED AND ADOPTED by the Seal Beach City Council at a
regular meeting held on the 25th day of June , 2012 by the following vote:
AYES: Council Members
NOES: Council Members
ABSENT: Council Members
ABSTAIN: Council Members
Mayor
ATTEST:
City Clerk
STATE OF CALIFORNIA }
COUNTY OF ORANGE } SS
CITY OF SEAL BEACH }
I, Linda Devine, City Clerk of the City of Seal Beach, do hereby certify that the
foregoing resolution is the original copy of Resolution Number 6266 on file in
the office of the City Clerk, passed, approved, and adopted by the City Council at
a regular meeting held on the 25th day of June , 2012.
City Clerk
PROFESSION// L SERVICES AGREEMENT
INTERIM TENNIS CENTER MANAGEMENT
SERVICES AND CONSULTING
Between
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City of Seal Beach
211 - 8th Street
Seal Beach, CA 90740
Kevin J. McArdle Consulting
872 Clearwater Court
Walnut, CA 91789
(909) 260-6892
This Professional Service Agreement ("the Agreement") is made as of June 25,
2012, by and between Kevin J. McArdle Consulting, ("Consultant"), a
professional management consultant, and the City of Seal Beach ("City"), a
California charter city, (collectively, "the Parties").
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RECITALS
A. City desires certain professional services.
B. Consultant represents that it is qualified and able to provide City
with such services.
NOW THEREFORE, in consideration of the Parties' performance of the
promises, covenants, and conditions stated herein, the Parties hereto agree as
follows.
AGREEMENT
1.0 Scope of Services
1.1. Consultant shall provide those services ("Services") set forth in the
attached Exhibit A, which is hereby incorporated by this reference. To the extent
that there is any conflict between Exhibit A and this Agreement, this Agreement
shall control.
1.2. From time to time, City Manager may authorize additional services
("Additional Services") in addition to those Services set forth in Exhibit A.
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1.3. Consultant shall perform all services under this Agreement in
accordance with the standard of care generally exercised by like professionals
under similar circumstances and in a manner reasonably satisfactory to City.
1.4. In performing this Agreement, Consultant shall comply with all
applicable provisions of federal, state, and local law.
2.0 Term
2.1 This term of this Agreement shall commence July 1, 2012 and
expire on June 30, 2013. At the sole discretion of the City, the City Manager may
extend the Agreement on a month-to-month basis until such time that all
Services are completed in a manner reasonably satisfactory to City, by providing
notice to Consultant at least 30 days prior to the expiration date.
3.0 Consultant's Compensation
3.1 City shall pay Consultant a fixed sum of $5,770 each month for
satisfactory performance of the Services.
3.2 City shall pay Consultant at the rate of $150 for each hour of
Additional Services authorized by the City Manager pursuant to Section 1.2. In
no event shall City pay more than $2250 for Additional Services in any one
month.
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4.0 Method of Payment
4.1. Consultant shall submit to City invoices on a monthly basis for all
services rendered pursuant to this Agreement and such invoices shall be paid
within a reasonable time after the City receives said invoices. City will not
withhold any applicable federal or state payroll and other required taxes, or other
authorized deductions from payments made to Consultant.
4.2. Upon 24-hour notice from City, Consultant shall allow City or City's
agents or representatives to inspect at Consultant's offices during reasonable
business hours all records, invoices, time cards, cost control sheets and other
records maintained by Consultant in connection with this Agreement. City's
rights under this Section 4.2 shall survive for two years following the termination
of this Agreement.
5.0 Termination
5.1. This Agreement may be terminated by City, without cause, upon
giving Consultant written notice thereof not less than 30 days prior to the date of
termination.
5.2. This Agreement may be terminated by Consultant based on
reasonable cause, upon giving City written notice thereof not less than 60 days
prior to the date of termination.
5.3. This Agreement may be terminated by City upon 10 days' notice to
Consultant if Consultant fails to provide satisfactory evidence of renewal or
replacement of comprehensive general liability insurance as required by this
Agreement at least 20 days before the expiration date of the previous policy.
6.0 Party Representatives
6.1. The City Manager is the City's representative for purposes of this
Agreement.
6.2. Kevin J. McArdle will be the Consultant's primary representative for
purposes of this Agreement.
7.0 Notices
7.1. All notices permitted or required under this Agreement shall be
deemed made when personally delivered or when mailed 48 hours after deposit
in the United States Mail, first class postage prepaid and addressed to the party
at the following addresses:
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To City: City of Seal Beach
211 - 8th Street
Seal Beach, California 90740
Attn: City Manager
To Consultant: Kevin J. McArdle Consulting
872 Clearwater Court
Walnut, California 91789
Attn: Kevin J. McArdle
7.2. Actual notice shall be deemed adequate notice on the date actual
notice occurred, regardless of the method of service.
8.0 Independent Contractor
8.1. Consultant is an independent contractor and not an employee of
the City. All services provided pursuant to this Agreement shall be performed by
Consultant or under its supervision. Consultant will determine the means,
methods, and details of performing the services. Any additional personnel
performing services under this Agreement on behalf of Consultant shall also not
be employees of City and shall at all times be under Consultant's exclusive
direction and control. Consultant shall pay all wages, salaries, and other
amounts due such personnel in connection with their performance of services
under this Agreement and as required by law. Consultant shall be responsible
for all reports and obligations respecting such additional personnel, including, but
not limited to: social security taxes, income tax withholding, unemployment
insurance, disability insurance, and workers' compensation insurance.
8.2. Consultant shall indemnify and hold harmless City and its elected
officials, officers, employees, servants, designated volunteers, and agents
serving as independent contractors in the role of City officials, from any and all
liability, damages, claims, costs and expenses of any nature to the extent arising
from Consultant's personnel practices. City shall have the right to offset against
the amount of any fees due to Consultant under this Agreement any amount due
to City from Consultant as a result of Consultant's failure to promptly pay to City
any reimbursement or indemnification arising under this Section.
9.0 Subcontractors
9.1 No portion of this Agreement shall be subcontracted without the
prior written approval of the City. Consultant is fully responsible to City for the
performance of any and all subcontractors.
10.0 Assignment
10.1 Consultant shall not assign or transfer any interest in this
Agreement whether by assignment or novation, without the prior written consent
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of City. Any purported assignment without such consent shall be void and
without effect.
11.0 Insurance
11.1. Consultant shall not commence work under this Agreement until it
has provided evidence satisfactory to the City that Consultant has secured all
insurance required under this Section. Consultant shall furnish City with original
certificates of insurance and endorsements effecting coverage required by this
Agreement on forms satisfactory to the City. The certificates and endorsements
for each insurance policy shall be signed by a person authorized by that insurer
to bind coverage on its behalf, and shall be on forms provided by the City if
requested. All certificates and endorsements shall be received and approved by
the City before work commences. The City reserves the right to require
complete, certified copies of all required insurance policies, at any time.
11.2. Consultant must, at its expense, procure and maintain for the
duration of the Agreement, insurance against claims for injuries to persons or
damages to property that may arise from or in connection with the performance
of this Agreement. Insurance is to be placed with insurers with a current A.M.
Best's rating no less than A: VIII, licensed to do business in California, and
satisfactory to the City. Coverage must be at least as broad as the latest version
of the following: (1) General Liability: Insurance Services Office Commercial
General Liability coverage (occurrence form CG 0001); and (2) Automobile
Liability: Insurance Services Office Business Auto Coverage form number CA
0001, code 1 (any auto). Consultant must maintain limits no less than:
(1) General Liability: $1,000,000 per occurrence for bodily injury, personal injury
and property damage and if Commercial General Liability Insurance or other form
with a general aggregate limit is used, either the general aggregate limit shall
apply separately to this Agreement/location or the general aggregate limit shall
be twice the required occurrence limit; and (2) Automobile Liability: $1,000,000
per accident for bodily injury and property damage.
12.0 Indemnification, Hold Harmless, and Duty to Defend
12.1 Consultant shall defend, indemnify, and hold the City, its officials,
officers, employees, volunteers and agents serving as independent contractors in
the role of city officials (collectively "Indemnitees") free and harmless from any
and all claims, demands, causes of action, costs, expenses, liability, loss,
damage or injury, in law or equity, to property or persons, including wrongful
death, in any manner arising out of or incident to any acts or omissions of
Consultant, its employees, or its agents in connection with the performance of
this Agreement, including without limitation the payment of all consequential
damages and attorneys' fees and other related costs and expenses, except for
such loss or damage arising from the sole negligence and/or willful misconduct of
the City, and its employees. With respect to any and all such aforesaid suits,
actions, or other legal proceedings of every kind that may be brought or instituted
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against Indemnitees, Consultant shall defend Indemnitees, at Consultant's own
cost, expense, and risk, and shall pay and satisfy any judgment, award, or
decree that may be rendered against Indemnitees. Consultant shall reimburse
City and its directors, officials, officers, employees, agents and/or volunteers, for
any and all legal expenses and costs incurred by each of them in connection
therewith or in enforcing the indemnity herein provided. Consultant's obligation
to indemnify shall not be restricted to insurance proceeds, if any, received by
Consultant, the City, its directors, officials, officers, employees, agents or
volunteers. All duties of Consultant under this Section shall survive termination
of this Agreement.
13.0 Equal Opportunity
13.1 Consultant affirmatively represents that it is an equal opportunity
employer. Consultant shall not discriminate against any subcontractor,
employee, or applicant for employment because of race, religion, color, national
origin, handicap, ancestry, sex, sexual orientation, or age. Such non-
discrimination includes, but is not limited to, all activities related to initial
employment, upgrading, demotion, transfer, recruitment or recruitment
advertising, layoff, or termination.
14.0 Labor Certification
14.1 By its signature hereunder, Consultant certifies that it is aware of
the provisions of Section 3700 of the California Labor Code that require every
employer to be insured against liability for Workers' Compensation or to
undertake self-insurance in accordance with the provisions of that Code, and
agrees to comply with such provisions before commencing the performance of
the Services.
15.0 Entire Agreement
15.1 This Agreement contains the entire agreement of the Parties with
respect to the subject matter hereof, and supersedes all prior negotiations,
understandings, or agreements. This Agreement may only be modified by a
writing signed by both Parties.
16.0 Severability
16.1 The invalidity in whole or in part of any provisions of this Agreement
shall not void or affect the validity of the other provisions of this Agreement.
17.0 Governing Law
17.1 This Agreement shall be governed by and construed in accordance
with the laws of the State of California.
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18.0 No Third Party Rights
18.1 No third party shall be deemed to have any rights hereunder
against either party as a result of this Agreement.
19.0 Waiver
19.1 No waiver of any default shall constitute a waiver of any other
default or breach, whether of the same or other covenant or condition. No
waiver, benefit, privilege, or service voluntarily given or performed by a party
shall give the other party any contractual rights by custom, estoppel, or
otherwise.
20.0 Prohibited Interests; Conflict of Interest
20.1. Consultant covenants that it presently has no interest and shall not
acquire any interest, direct or indirect, which may be affected by the Services, or
which would conflict in any manner with the performance of the Services.
Consultant further covenants that, in performance of this Agreement, no person
having any such interest shall be employed by it. Furthermore, Consultant shall
avoid the appearance of having any interest, which would conflict in any manner
with the performance of the Services. Consultant shall not accept any
employment or representation during the term of this Agreement which is or may
likely make Consultant "financially interested" (as provided in California
Government Code §§ 1090 and 87100) in any decision made by City on any
matter in connection with which Consultant has been retained.
20.2. Consultant further warrants and maintains that it has not employed
or retained any person or entity, other than a bona fide employee working
exclusively for Consultant, to solicit or obtain this Agreement. Nor has
Consultant paid or agreed to pay any person or entity, other than a bona fide
employee working exclusively for Consultant, any fee, commission, gift,
percentage, or any other consideration contingent upon the execution of this
Agreement. Upon any breach or violation of this warranty, City shall have the
right, at its sole and absolute discretion, to terminate this Agreement without
further liability, or to deduct from any sums payable to Consultant hereunder the
full amount or value of any such fee, commission, percentage or gift.
20.3. Consultant warrants and maintains that it has no knowledge that
any officer or employee of City has any interest, whether contractual, non-
contractual, financial, proprietary, or otherwise, in this transaction or in the
business of Consultant, and that if any such interest comes to the knowledge of
Consultant at any time during the term of this Agreement, Consultant shall
immediately make a complete, written disclosure of such interest to City, even if
such interest would not be deemed a prohibited "conflict of interest" under
applicable laws as described in this subsection.
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21.0 Attorneys' Fees
21.1 If either party commences an action against the other party, legal,
administrative or otherwise, arising out of or in connection with this Agreement,
the prevailing party in such litigation shall be entitled to have and recover from
the losing party all of its attorneys' fees and other costs incurred in connection
therewith.
22.0 Exhibits
22.1 All exhibits referenced in this Agreement are hereby incorporated
into the Agreement as if set forth in full herein. In the event of any material
discrepancy between the terms of any exhibit so incorporated and the terms of
this Agreement, the terms of this Agreement shall control.
23.0 Corporate Authority
23.1 The person executing this Agreement on behalf of Consultant
warrants that he or she is duly authorized to execute this Agreement on behalf of
said Party and that by his or her execution, the Consultant is formally bound to
the provisions of this Agreement.
IN WITNESS WHEREOF, the Parties hereto, through their respective
authorized representatives have executed this Agreement as of the date and
year first above written.
CITY OF SEAL BEACH CONSULTANT
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By: By:
Jill R. Ingram, City Manager Kevin 1 dArdle, President
Attest:
By:
Linda Devine, City Clerk
Approved as to Form:
By:
Quinn Barrow, City Attorney
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Exhibit A
Scope of Work and Fee Proposal
Scope of Services
Consultant shall provide the following services at the Seal Beach Tennis Center:
0 Management Services
o Provide public facilities for the purpose of leisure time and
recreation activities and health enrichment for general public
wellness and fitness.
o Take reasonable steps to improve the Tennis Center; be a good
steward of it; monitor, inspect and properly manage the facilities
and grounds; maintain tennis courts in good playing condition.
o Operate, manage and supervise the clubhouse, workout room and
locker rooms.
o Promptly notify the City when Tennis Center facilities require
repairs.
o Provide supervision of staff at the Tennis Center to insure that
needs of users are met.
o Professional Review and Recommendations
o Observe operations, programs, staffing and facilities; conduct
professional research; and provide CITY with recommended
alternatives and recommendations relating to the following:
• Current tennis programming and operations
• Potential additional/alternate recreation programming
® Potential expanded and/or alternative future uses of the site
B Potential improvements to the facilities
O Staff Development Program
o Research staff training and development needs and plan/implement
appropriate training sessions to maximize success
O Communications and Marketing Strategies
o Research current marketing and communications
strategies/techniques and provide recommendations for potential
expansion and/or improvement
O Fund Development Strategies
o Evaluate effectiveness of current revenue maximization efforts and
recommend potential areas for expansion and/or improvement,
including possible development of a fundraising program
m On-Site Consultant Supervision
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o Provide professional on-site supervision of current programs,
operations and staffing at Tennis Center during designated on-site
hours
O City Master Plan Coordination and Integration
o Coordinate and integrate plans for current and future use of Tennis
Center with City Master Planning efforts
o Tennis Center Strategic Plan
o Upon completion of above research and studies, assist City in
preparing a new Five Year Strategic Plan for the Tennis Center
facility
Consultant Work Schedule
Consultant shall complete the Scope of Services in accordance with the following
work schedule parameters:
o Consultant shall provide on-site facility supervision for 20 hours during
each work week*
o Consultant shall provide additional professional consulting work as
identified in the Scope of Services for an average minimum of 15 hours
each month in Consultant's office
*Hours shall be scheduled by Consultant, keeping in mind the needs of the facility
programs and operations. On-site hours will be scheduled by Consultant over 3-4 days
during each work week. The Agreement includes forty-six (46) work weeks during the
one year contract. Due to previous scheduling commitments, Consultant is not available
during the remaining six (6) weeks of the year or on Saturdays between September 1 and
December 31.
Fee
Consultant's Fee shall be as follows:
• Flat fee of $5,770 each month for the term of the Agreement for all
Services provided, including but not limited to Consultant's professional
time, on-site supervision hours, office clerical work, and all expenses
incurred in connection with providing the services, including but not
limited to travel costs, Consultant supplies and Consultant liability
insurance
• Additional Services shall be billed at $150 per hour
• If authorized in writing by the City Manager, the City may reimburse
Consultant for extraordinary expenses (e.g., additional copies of
submitted reports and recommendations) actually incurred and verified
through invoices or receipts.
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